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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
Branch 40, Quezon City

PEOPLE OF THE PHILIPPINES,


Plaintiff ,

- versus - Crim. Case No. 07-136942


For: Grave Oral Defamation

ETHEL B. RIVAS,
Accused.
x------------------------------------------------------------------------------------------------x

AFFIDAVIT

I, DEMERLIE B. BADILLO, of legal age, Filipino, with residence


address at 150 Dangay St., Project 7, Quezon City, a retired school
principal, subscribing under oath, depose and state the following in
answer to the questions asked by ATTY. RONALD MICHEL R.
UBAÑA with Attorney’s Roll No. 48133, of GANA ATIENZA
AVISADO LAW OFFICES with address at the 3rd floor HPL
Building, No. 60 Sen. Gil Puyat Avenue, Makati City, where my
testimony as set forth below was conducted, fully conscious that I am
doing so under oath and that I may face criminal liability for false
testimony or perjury, as follows:

1. Q: Ms. Witness, do you understand English?


A: Yes, I do.

2. Q: Do you swear to tell the whole truth based on your


personal knowledge?
A: Yes.
[2]

3. Q: Are you aware that in case you make untruthful


statements, you might face criminal liability for false
testimony or perjury?
A: Yes, I am fully conscious.

4. Q: What is your profession Madam Witness?


A: I am a retired school principal in the Division of City
Schools, Quezon City. One of the schools where I was
assigned as principal was Lucas R. Pascual Elementary
School.

5. Q. Where is this school located?


A: Lucas R. Pascual Elementary School is located at Baesa,
Quezon City.

6. Q: Can you tell us how long have you been a school


principal in Lucas R. Pascual Elementary School prior to
your retirement?
A: I was transferred as principal to Lucas Pascual
Elementary School from July 2005 to June 2006.

7. Q: Do you know the accused in this case?


A: Yes sir.

8. Q. How did you come to know her?


A: Ethel Rivas is one of the teachers in Lucas Pascual
Elementary School.

9. Q: During the time that you were serving as the school


principal, can you tell us how was your relationship with
the accused, Madam Witness?
[3]

A: It was a typical principal –teacher relation and had no


qualms with her until the time I learned the accused was
spreading a very bad rumor about me.

10. Q: What was this rumor all about?


A: The rumor was about me having an illicit relationship
with another teacher in our school.

11. Q: Who was this “another teacher” you were allegedly


having an illicit relationship with?
A: The teacher I was allegedly having an illicit relationship
with was Mr. Dranreb Beria

12. Q: When did you learn that the accused was spreading
rumors about you?
A: I first learned that accused Ethel Rivas was spreading
rumors about me on 03 April 2006 at around 11 o’clock in
the morning.

13. Q: How did you learn that the accused was spreading
rumors about you, Madam Witness?
A: Two of my teachers, Dr. Rosalito R. De Roda and Mrs.
Amor Macabagdal, told me that accused Ethel Rivas was
spreading gossip about me.

14. Q: After Dr. Rosalito R. De Roda and Mrs. Amor


Macabagdal told you about the rumor, what happened
next, if any?
A: While Dr. Rosalito R. De Roda and Mrs. Amor
Macabagdal were still in my room, another teacher went
inside my office.
[4]

15. Q: Who was this teacher who went inside your office?
A: It was Mrs. Leah Aquino.

16. Q: What did Mrs. Leah Aquino do inside your office?


A: She related to me a “different experience” she had with
Ethel Rivas inside the Guidance /Clinic Room.

17. Q: When did this “different experience” Mrs. Leah Aquino


had with Ethel Rivas happen, if you know?
A: It happened on 31 March 2006 at around 3:00pm.

18. Q: What did she tell you, Madam Witness?


A: Mrs. Aquino told me that Ethel Rivas went inside the
Guidance Room and uttered a statement in a loud voice
while she, together with some teachers were busy
arranging some records, preparing report cards and
clearances of students. This was heard by several other
teachers in the room.

19. Q: What else did she tell you, Madam Witness?


A: The statement uttered by Ethel Rivas was “May relasyon
daw si Ma’am Badillo at si Dranreb, pero kay Fe galing
yan.”
20. Q: Do you have any proof that indeed Mrs. Leah Aquino
heard the accused uttered these words?
A: Yes, sir.

21. Q: What is this proof you are referring to, Madam Witness?
A: Mrs. Leah Aquino and Ms Zenaida Fulgencio executed a
Joint Affidavit saying that they heard accused Ethel Rivas
[5]

uttered in a loud voice that I have a relationship with Mr.


Dranreb Beria.

22. Q: How did you know that Mrs. Leah Aquino and Ms
Zenaida Fulgencio executed a Joint Affidavit?
A: They showed it to me, sir.

23. Q: If this Joint Affidavit is shown to you, would you be able to


identify it?
A: Yes, sir.

24. Q: I am showing you a document entitled “Joint Affidavit”


dated 05 April 2006, consisting of one (1) page, what is
the relation of this document to the one you mentioned
earlier?
A: This is the Joint Affidavit I mentioned earlier.

Manifestation: Your Honor, may we request that this document


which this witness identified as “Joint Affidavit” be marked as our
Exhibit “A”.

25. Q: After hearing these stories from Dr. De Roda, Mrs.


Macabagdal and Mrs. Aquino, what did you do next, if
any, Madam Witness?
A: Due to the seriousness of the matter which I cannot just
ignore, I summoned the teachers who reportedly heard
Ethel Rivas uttered defamatory words against me as
related by Dr. De Roda and Mrs. Macabagdal.

26. Q: Who are these teachers you summoned?


[6]

A: I summoned Mr. Rosauro B. Tamondong, Mr. Kim Cua,


Ms. Marivic Nadal and Mrs. Rosita Fonacier.

27. Q: When did you summon these teachers?


A: Immediately after Dr. De Roda and Mrs. Macabagdal told
me about the gossip.

28. Q: Why did you summon Mr. Rosauro B. Tamondong, Mr.


Kim Cua, Ms. Marivic Nadal and Mrs. Rosita Fonacier?
A: I summoned them because I would just like to verify if
they actually witnessed and heard Ethel Rivas spreading
rumors about me and Mr. Dranreb Berria.

29. Q: What was their answer to your query, Madam Witness?


A: All of them confirmed that Ethel Rivas was spreading
rumors that I was having an illicit relationship with Mr.
Dranreb Berria.
30. Q: What else did Mr. Tamondong, Mr. Cua, Ms. Nadal and
Mrs. Fonacier tell you, if any?
A: They also told me that on 31 March 2006 at about 12:30
noon while they were all inside the “eatery” of Mrs.
Domingo, they heard Ethel Rivas telling ugly words
about me.

31. Q: What else did they tell you?


A: They also told me that Ethel Rivas went near Ms. Nadal
and uttered in a loud voice as if telling the whole world
“Marivic, mag-ingat ka sa boyfriend mo at may
umaagaw” and further said “Si Ma’am Badillo at si
Dranreb daw ay may relasyon… si Fe ang nagsabi” and
[7]

also “matagal na iyan, isang buwan na kaso ayaw kong


magsalita baka ako nanaman ang mapagbintangan.”

32. Q: Do you have any proof that indeed Mr. Tamondong, Mr.
Cua, Ms. Nadal and Mrs. Fonacier heard the accused
uttered these words?
A: Yes, sir.

33. Q: What is this proof you are referring to, Madam Witness?
A: Mr. Tamondong, Mr. Cua, Ms. Nadal and Mrs. Fonacier
executed a Joint Affidavit saying that they heard accused
Ethel Rivas uttered in a loud voice that I have a
relationship with Mr. Dranreb Beria.

34. Q: How did you know that Mr. Tamondong, Mr. Cua, Ms.
Nadal and Mrs. Fonacier executed a Joint Affidavit?
A: They showed it to me, sir.
35. Q: If this Joint Affidavit is shown to you, would you be able to
identify it?
A: Yes, sir.

36. Q: I am showing you a document entitled “Joint Affidavit”


dated 05 April 2006, consisting of two (2) pages, what is
the relation of this document to the one you mentioned
earlier?
A: This is the Joint Affidavit I mentioned earlier.

Manifestation: Your Honor, may we request that this document


which this witness identified as “Joint Affidavit” be marked as our
Exhibit “B”.
[8]

37. Q: After Mr. Tamondong, Mr. Cua, Ms. Nadal and Mrs.
Fonacier told you what Ethel Rivas said in the eatery,
what happened next, if any?
A: I summoned Ms. Fe Apolonio.

38. Q: Who is this Ms. Fe. Apolonio, Madam Witness?


A: She is also a co-teacher in Lucas R. Pascual Elementary
School who was allegedly spreading the rumors about me
and Mr. Dranreb Beria, according to Ethel Rivas.

39. Q: Why did you summon Ms. Fe. Apolonio?


A: I summoned her because I would just like to verify if she
was indeed the source of all the rumors spreading about
me and Mr. Dranreb Berria.

40. Q: What was her answer to your query, Madam Witness?


A: She told me that on 31 March 2006 at around 5:00 pm, at
the time when she first heard about the rumor, she was
surprised to hear from a co-teacher, Mrs. Balbenita Golez,
that she was the one telling stories or gossiping against
me.

41. Q: What else did she tell you, Madam Witness?


A: She denied having said those statements. She also said
that she would never make up any rumor about anyone
especially me.

42. Q: Do you have any proof that indeed Mrs. Fe Apolonio did
not take any part in spreading the rumors about you?
A: Yes, sir.
[9]

43. Q: What is this proof you are referring to, Madam Witness?
A: Mrs. Fe Apolonio executed an Affidavit saying that she
denied having said those defamatory statements and
being the source of the rumors that was spreading.

44. Q: How did you know that Mrs. Fe Apolonio executed an


Affidavit?
A: She showed it to me, sir.

45. Q: If this Affidavit is shown to you, would you be able to


identify it?
A: Yes, sir.

46. Q: I am showing you a document entitled “Affidavit” dated


05 April 2006, consisting of one (1) page, what is the
relation of this document to the one you mentioned
earlier?
A: This is the Affidavit I mentioned earlier.

Manifestation: Your Honor, may we request that this document


which this witness identified as “Affidavit” be marked as our Exhibit
“C”.

47. Q: After confirming with Mrs. Apolonio, what did you do


next, if any, Madam Witness?
A: I summoned Mr. Dranreb Beria.

48. Q: Why did you summon Mr. Beria, Madam Witness?


A: I summoned him because I would just like to inquire if he
was aware of the rumors spreading about us. Also, to ask
[ 10 ]

if he had anything to do with the rumors spreading about


me.

49. Q: What was his answer to your query, Madam Witness?


A: He said he was aware of the concocted stories that we
were allegedly having an affair. He also denied having
anything to do with the false imputations because there
was really no truth to it.

50. Q: Do you have any proof that Mr. Beria said these
statements?
A: Yes, sir.

51. Q: What is this proof you are referring to, Madam Witness?
A: Mr. Beria executed an Affidavit that he was aware of the
rumors that were spreading but denied having anything
to do with it.

52. Q: How did you know that Mr. Beria executed an Affidavit?
A: He showed it to me, sir.

53. Q: If this Affidavit is shown to you, would you be able to


identify it?
A: Yes, sir.

54. Q: I am showing you a document entitled “Affidavit” dated


05 April 2006, consisting of one (1) page, what is the
relation of this document to the one you mentioned
earlier?
A: This is the Affidavit I mentioned earlier.
[ 11 ]

Manifestation: Your Honor, may we request that this document


which this witness identified as “Affidavit” be marked as our Exhibit
“D”.

55. Q: What was your reaction after confirming with all of the
teachers who personally heard Ethel Rivas spreading the
rumor and after confronting Mrs. Apolonio and Mr.
Beria, Madam Witness?
A: My reaction was of unexplained mixture of emotions. I
was at first shocked and exclaimed “grabeng kalokohan”.
I was repeatedly asking the teachers who reported to me
the incident “me? Me? But why?” and then I was already
furious and dishonored.
56. Q: Why were you feeling furious, Madam Witness?
A: I was very furious because if there is one thing in me that
I hold sacred is my purity as a woman and my fidelity to
my spouse. I was at my boiling point because there was
not a grain of truth to any of the rumors said about me.

57. Q: What made you say that there was no truth to any
utterances made by Ethel Rivas?
A: The ugly utterances are against my moral where it is a
mortal sin and never in my official and unofficial affairs
did I act with malice much more to have intimate relation
with anyone than other my husband.

58. Q: You mentioned, Madam Witness, that you felt


dishonored, what made you say that?
A: I truly felt dishonoured. I was 61 years old, happily
married with three children and 6 grandchildren. I
occupied an administrator’s work at the same time
[ 12 ]

President of the Catholic Women’s League and Vice


President for Finance of our Parish Pastoral Council,
Christ the King Parish in Project 7. The rumor was a
bomb that exploded and ruined my whole self. With the
rumor, what respect would i get? This made me feel as if I
was robbed of my honor, my dignity and that of my
family. Nothing was left to me.

59. Q: What was the effect of the rumors on your life and career,
Madam Witness?
A: The rumors and imputations made by the accused caused
me irreparable damage. Needless to say, I experienced
sleepless nights, mental anguish, moral shock wounded
feelings and social insecurity. My reputation was
tarnished mercilessly.

60. Q: In what way did it cause trouble on you, Madam


Witness?
A: I feel I am not the same person as i was before the
accusation. I developed inferiority attitude. I became
suspicious and nervous. I thought everybody was talking
against me. I doubted the greetings and smiles of
acquaintances, got uneasy during gatherings. I became
less appreciative of laughter and started sporting a stern
face. I was indeed a broken person.

61. Q: Madam Witness, after verifying from your co-teachers


that Ethel Rivas was indeed uttering defamatory words,
what did you do next, if any?
A: I filed an administrative complaint against Ethel Rivas.
[ 13 ]

62. Q. What else did you do, Madam Witness?


A: I also filed a criminal case against her for Grave Oral
Defamation.

63. Q: Do you remember executing a document in connection


with this case, Madam Witness?
A: Yes, sir.
64. Q: If this document is shown to you, would you be able to
identify the same?
A: Yes, sir.

65. Q: I am showing you a document entitled “Complaint


Affidavit,” dated 10 April 2006 and consisting of four (4)
page/s, what is the relation of this document to the
document you mentioned earlier?
A: This is the document I mentioned earlier.

66. Q: On the lower portion of page 3 of this Complaint


Affidavit, there appears a signature above the words
“Demerlie B. Badillo” can you tell us whose signature is
that, Madam Witness?
A: That is my signature, sir.

67. Q: Do you affirm and confirm all the statements made in this
document, Madam Witness?
A: Yes, sir.

Manifestation: Your Honor, may we request that this document


which this witness identified as “Complaint Affidavit” be marked as
Exhibit “E,” and her signature be marked as our Exhibit “E-1”.
[ 14 ]

No more questions, your Honor.

IN WITNESS WHEREOF, I have affixed my signature this 14 th


day of March 2014, Makati City, Metro Manila.

DEMERLIE B. BADILLO
Affiant

SUBSCRIBED AND SWORN to before me, this 14th day of


March 2014 in Makati City, by the affiant who is personally known to
me to be the same person who executed the foregoing Judicial
Affidavit exhibiting her ______________________________.

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2014.
[ 15 ]

CERTIFICATION

I, RONALD MICHEL R. UBAÑA, subscribing under oath,


depose and say:

1. I personally conducted the examination of DEMERLIE B.


BADILLO on 14th day of March 2014 in Makati City.

2. I caused to be recorded the questions I asked and the


corresponding answers she gave.

3. Neither I nor any other person then present or assisting


me coached her regarding his answers.

I am executing this certification to attest to the truth of the


foregoing.

RONALD MICHEL R. UBAÑA


Affiant
[ 16 ]

SUBSCRIBED AND SWORN to before me, this 14th day of


March 2014 in Makati City, by the affiant who is personally known to
me to be the same person who executed the foregoing certification
exhibiting to me his Integrated Bar of the Philippines Identification
with Lifetime Member No. 010388.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2014.

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